July 31, 1964 

Hon. Clyde E.. Smith, Jr. Opinion NO. c-,288 

County Attorney 

Tyler County so Re: Whether, under Sec. 6, 

Woodville,,.Texas ,' particle 4494 -10, V.C.S. 

(W.B, 781, 58th Leg.), 

the Commlseloners Court 

should follow the rule 

under Article 4479, V.C.S. 

and appoint hospital manDear Mr. Smith: agers for overlapping terms. 

You have requested a construction of Section 6, Article 

&494q-10, Vernon's Civil Statutes (House Bill 781, 58th Legislature), 

with reference to Article, 4479, Vernon’s Civil Statutes. 

Article 4494q-10 Is a s ecial law creating a Tyler County 

Hospital District. Section ii thereof states in part as follows: 

"The Commissioners Court shall appoint 

a Board of Hospital Managers, consisting of 

six (6) members, who shall serve for a term 

of two (2) ye$rs with overlappi 

desired . . . 

Article 4479 ,ls part of a general law authorizing the 

c~ommissioners court of any county to establish a county hospital, and reads In part as, follower 

.the commlasioners'~court shall 

.aipoint six resident property taxpaying 

El&ens of the county who sha.11 constitute 

a board of managers of said hospital. The 

term of office of each member of said board 

shall be two years, except that In making the 

first appointments after this Act takes effeet three,members shall be appointed for one 

year and three members for two years so that 

thereafter three members of said boaf;d will 

be ,appointed every two years. . . . 

-1378- 
Hon. Clyde E. Smith, Jr., page 2 (c-288) 

Under the special law passed for Tyler County, a 

hospital district is being set up and your question is: 

flMust the Commissioners Court follow the overlapping term 

provision of the general law in making Its first appointments?” 

The rule for construing general and special laws 

together Is stated In 53 Tex.Jur.2d 232, Statutes, 8 161, as 

follows: 

“In case of conflict between a general 

provision and a special provision dealing 

with the same subject, the former Is controlled or limited by the latter, since a specific 

statute more clearly evidences the intention of 

the legislature than a general one; and this Is 

so whether the ~provisions in question are contained in the same act or In different enactments. . . .” 

In the case of Hidalga County Water Control and 

Improvement District No. 1 v. ‘Hldalgo County 134 S W 26 464 

TTex.Civ.App. 1939, error ref.), it is said it page.467: 

11 

. .when specific provisions of the 

generai law, if given effect, would nullify or 

modify specific provisions of the special act 

concerning particularized rights and duties of 

the districts created by it, the latter provisions must prevail over those of the general 

law. . ..‘I 

In the case of Road District No. 1, Jefferson County, 

v. Sellers, 142 Tex. 528,Tsb S.W.m44) , one of th 

auesti ons before the court was which act governed where a especial 

iaw for Jefferson County provided that bonds therein referred to 

should be payable at such time as,might be deemed most expedient 

by the Commissioners Court; whereas the general law provided 

that generally bonds of the same category should be redeemable 

at the pleasure of the county, but not until five years after 

the issuance of the bonds. In holding that the special law 

governed, the Court said ,at page 141 , in a unanimous ,declsion: 

“An examination of the two statutes will 

disclose that ~the Legislature in the enactment 

of the /ETpecialT statute under which these bonds 

were’ is-med an?f conferred on the Commissioners’ 

Court full and unlimited power to make the bonds 

payable at such time or times as may be deemed 

expedient. , .whereas no such unlimited authority 

-1379- 
Hon. Clyde E. Smith, Jr., page 3 (c-288) 

was granted to the Commissioners' Court under 

the provisions of Article 720 /%e general 

statute7 . , .In our opinion there is such 

conflizt between the two provisions that we 

would not be justified in holding that the 

provisions of Article 720 are a licable 

to the bonds issued under the -speciai7act Pp 

here under consideration." 

Under the rules of construction set forth above, 

the special statute under which the Tyler County Hospital 

District is being set up does not restrict the Hospital Managers 

to overlapping terms and such special statute is controlling. 

.SUMMARY 

The Commissioners Court of Tyler County ma 

elect under the terms of Section 6, Article 449 $ q-10, 

Vernon's Civil,Statutes, whether or not it shall appoint Hospital Managers with overlapping terms in the 

Tyler County Hospital District. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

LCjr:ms:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

W. E. Allen 

Arthur Ssndlin 

Larry Merrlman 

Harry Gee 

APPROVED FOR THE ATTORNEX GENERAL 

BY: Stanton Stone 

Assist&t 

-1380-